[Ord. 540-94, 6/7/1994, § 1]
1.Â
Short Title. This Part shall be known and may be cited as the "East
Pennsboro Township Cable Television Ordinance of 1994."
2.Â
Purpose. The purpose of this Part is to regulate cable television
in the exercise of the power of the Board of Commissioners to:
3.Â
Federal Law. This Part is enacted under the Federal Cable Television
Consumer Protection and Competition Act of 1992, which permits local
franchising authorities to regulate cable television, subject to certain
substantive and procedural limitations.
4.Â
Interpretation. In interpreting and applying the provisions of this
Part, these provisions shall be construed broadly as required for
the maintenance of peace, good government, safety and welfare of the
municipality, and its trade, commerce and manufactures.
5.Â
Conflict with Federal Law. It is the intent of the Board of Commissioners
that this Part conform to the federal law. If a court of competent
jurisdiction declares any provision of this Part to be in conflict
with the federal law, the federal law will control and this Part,
to the extent that any provision is declared to be in conflict with
the federal law, shall not apply.
[Ord. 540-94, 6/7/1994, § 2]
As used in this Part, the following words, phrases and terms
shall have the following meanings:
All equipment in a cable subscriber's home that is used
to receive the basic service, regardless of whether such equipment
is additionally used to receive other tiers of regulated programming
service and/or unregulated service. Such equipment shall include,
but not be limited to: (1) converter boxes; (2) remote control units;
(3) connections for additional television receivers; and (4) other
cable home wiring.
At a minimum, all signals of domestic television broadcast
stations provided to any subscriber (except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station,
regardless of how such signal is ultimately received by the cable
system), any public, educational, and governmental programming required
by the franchise to be carried on the basic tier, and any additional
video programming signals as a service added to the basic tier by
the cable operator. (Example: Sammons' "Lifeline.")
The rate charged by a cable operator for basic service, and
associated equipment costs.
Any person or group of persons (1) that provides cable service
over a cable system and directly or through one or more affiliates
owns a significant interest in such cable system, or (2) who otherwise
owns, controls or is responsible for, through any arrangement, the
management and operation of a cable system.
(1) The one-way transmission to subscribers of (a) video
programming, or (b) other programming service; and (2) two-way subscriber
interaction, if any, which is required for the selection of such video
programming or other programming service.
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
but does not include (1) a facility that serves only to retransmit
the television signals of one or more television broadcast stations,
(2) a facility that serves only subscribers in one or more multiple
unit dwellings under common ownership, control or management, unless
such facility uses any public right-of-way, (3) a facility of a common
carrier except to the extent that such facility is used in the transmission
of video programming directly to subscribers, or (4) any facilities
of any electric utility used solely for operating its electric utility
systems.
The Federal Communications Commission.
The Federal Cable Communications Policy Act of 1984, as amended
by the Cable Television Consumer Protection and Competition Act of
1992 and all regulations promulgated by the FCC thereunder, as any
of the foregoing may be amended from time to time.
The Board of Township Commissioners of the Township.
The Township of East Pennsboro, a Township of the First Class
situated in Cumberland County, Pennsylvania.
[Ord. 540-94, 6/7/1994, § 3; as amended by Ord.
757-2009, 7/1/2009]
1.Â
Appointment and Powers of Compliance Officer.
A.Â
For the administration of this Part, a compliance officer, who shall
not hold any elective office in the municipality, shall be appointed
by the Board of Commissioners by resolution.
B.Â
The compliance officer shall meet the qualifications established
by the Board of Commissioners and shall be able to demonstrate to
the satisfaction of the Board of Commissioners a working knowledge
of cable regulation under the federal law and this Part.
C.Â
The compliance officer shall administer this Part in accordance with
its literal terms.
2.Â
Duties of Compliance Officer. The compliance officer shall be responsible
for:
A.Â
Taking such action on behalf of the municipality as may from time
to time, be required to obtain or maintain the municipality's
certification to regulate basic service rates.
B.Â
Notifying all cable operators serving the municipality when the municipality
has been certified by the FCC to regulate basic service rates.
C.Â
Notifying all cable operators serving the municipality that the municipality
intends to enforce the minimum customer service standards established
by the federal law.
D.Â
Making all filings required or permitted to be made to the FCC by
the municipality pursuant to the federal law, subject to oversight
and control of the Board of Commissioners.
E.Â
Receiving, filing in the public records of the municipality, reviewing
for completeness, and placing on the Board of Commissioners's
agenda for consideration, all submissions, petitions, and other filings
required or permitted to be made to the municipality pursuant to the
federal law. All submissions, petitions, and other filings made to
the municipality pursuant to the federal law shall be made via first-class
mail, postage prepaid, to the following address: Township of East
Pennsboro, Attn: Cable Television Compliance Officer, 98 South Enola
Drive, Enola, Pennsylvania 17025.
F.Â
Receiving and transmitting to the proper office of the municipality
any filing fees paid pursuant to this Part. The filing fees shall
be in such amounts as established from time to time by resolution
of the Board of Commissioners.
G.Â
Enforcing the provisions of this Part and all decisions of the Board
of Commissioners made hereunder to the fullest extent permitted by
the federal law, subject to the oversight and control of the Board
of Commissioners.
H.Â
Taking such other actions as may be necessary from time to time,
subject to the oversight and control of the Board of Commissioners,
to protect the right of the municipality to regulate cable television
to the fullest extent permitted by the federal law.
[Ord. 540-94, 6/7/1994, § 4]
1.Â
Regulation of Basic Service Rates. The Board of Commissioners shall
regulate basic service rates in accordance with the substantive and
procedural provisions of the federal law and any applicable state
law or regulations or local ordinances.
A.Â
Duties of Cable Operators.
(1)Â
Within 30 days of receiving written notification from the municipality that the municipality has been certified by the FCC to regulate rates for the basic service, a cable operator shall file its schedule of rates for the basic service and associated equipment with the municipality, together with the fee specified by § 13-303, Subsection 2F.
(3)Â
At the time of filing a schedule of rates or a proposed rate
increase with the municipality, a cable operator shall (a) publish
a summary of the rates or rate increase in a local newspaper for at
least three consecutive days, and (b) cablecast a summary of the rates
or rate increase on its public information channel, at least twice
daily at such times as are reasonable expected to reach the largest
audience, over a three-day period, in each case notifying interested
parties that they must submit written comments by a date certain (within
15 days of the cable operator's filing with the municipality),
at the appropriate address.
(4)Â
A cable operator shall comply with all orders of the municipality,
except that a cable operator shall not be required to comply with
an order if the cable operator demonstrates that complying with the
order would require the cable operator to disclose proprietary information.
B.Â
Duties of the Municipality.
(1)Â
Upon receipt of a cable operator's schedule of rates or
a proposed rate increase, the municipality shall cablecast a summary
of the rates or rate increase on the channel(s) allocated to the municipality,
at least twice daily at such times as are reasonably expected to reach
the largest audience, over a three-day period, along with a notice
that interested parties shall submit written comments to the municipality
by a date certain (within 15 days of the cable operator's filing
with the municipality), at the appropriate address.
(2)Â
The municipality shall make any decision on the reasonableness
of current basic service rates and proposed rate increases pursuant
to the procedural and substantive provisions of the federal law.
(a)Â
In making a decision on the reasonableness of current basic
service rates or proposed rate increases, the municipality shall have
the authority to compel the production of proprietary information
from cable operators, and in such circumstances, the municipality
shall be subject to the confidentiality provisions set forth elsewhere
in this Part.
[Ord. 540-94, 6/7/1994, § 5]
The Board of Commissioners hereby delegates its ministerial
and administrative duties under this Part to the compliance officer.
[Ord. 540-94, 6/7/1994, § 6]
1.Â
In rendering its decisions, the Board of Commissioners shall have
the full authority granted to it pursuant to the federal law to order
a cable operator to take any and all actions as the federal law permits,
including, without limitation:
A.Â
Ordering a cable operator to implement a reduction in basic service
tier or associated equipment rates where necessary to bring rates
into compliance with the standards set forth in the federal law.
B.Â
Prescribing a reasonable rate for the basic service tier or associated
equipment after it determines that a proposed rate is unreasonable.
C.Â
Ordering a cable operator to refund to subscribers that portion of
previously paid rates determined to be in excess of the permitted
tier charge or above the actual cost of equipment, unless the operator
has submitted a cost-of-service showing which justified the rate charged
as reasonable. Before ordering such a refund, however, the municipality
shall give the operator notice, and shall give the operator 15 days
from the date such notice is given to submit written comments to the
municipality. Any such refund order shall be further subject to the
limitations contained in the federal law.
[Ord. 540-94, 6/7/1994, § 7; as amended by Ord.
757-2009, 7/1/2009]
In the event that a cable operator does not comply with a decision
made pursuant to this Part and directed specifically toward the cable
operator, the municipality may assess a fine against the cable operator
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
